New York Fireworks Law and Sparkler Device Rules

Penal Law Section 270.00 makes possession or sale of fireworks a misdemeanor or felony. Aerial shells, firecrackers, bottle rockets, and Roman candles remain banned everywhere in New York. A 2014 amendment authorizes counties to opt in to permit only ground-based sparkling devices (handheld sparklers, fountains, novelties) sold by registered retailers between June 1 and July 5 and December 26 and January 2. New York City and several counties have not opted in, keeping all fireworks illegal there.

Possessing prohibited fireworks is a Class B misdemeanor; sale is a Class A misdemeanor or Class E felony, with fines up to $5,000 and confiscation. Bulk possession is automatically charged as sale.